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From the magazine SZW-RSDA 6/2016 | S. 551-557 The following page is 551

Risikobegriff in der Ökonomie und im Recht

Risks need to be recorded, measured and monitored. The story of risk has its roots in the calculation of likelihood and is closely connected to the insurance business. Shortly thereafter, regulation was added in. Nevertheless, the market economy system is based on risks and opportunities. It follows that the concept of risk in economics is largely quantitative and focussed on likelihood. In contrast to this, the concept of legal risk is ambivalent, on the one hand, there is the issue of which risks are immanent to the law and its practice. On the other hand, there is the question of which risks the law can reduce or even avoid. The law itself is indeed risk management.

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